United States of America v. $71,019.71 Seized from J.P. Morgan Chase Bank et al

Filing 24

CONSENT JUDGMENT OF FORFEITURE by Judge Christina A. Snyder: Upon Stipulation 23 , the Court HEREBY ORDERS ADJUDGES AND DECREES that the following defendant assets shall be returned to Claimants Jose Figueroa and Lucero Adriana Lara as follows: (a) $55,474.71, without interest; and (b) The defendant One 2014 Chevrolet Silverado, Vehicle Identification Number 3GCPCSEC7EG263254. The following assets shall be forfeited to the United States, and no other right, title or interest shall exist th erein. The Government shall dispose of the following according to law: (a) $55,258.46, with interest; (b) The defendant One 2006 BMW 650i, Vehicle identification Number WBAEK13426CN80165; and (c) The defendant 2003 Tracker boat and trailer, Vehicle Identification Number BUJ35979E303. Each of the parties shall bear its own fees and costs in connection with the seizure, retention and return of the defendant assets. See document for further details. (gk)

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EILEEN M. DECKER
Acting United States Attorney
LAWRENCE MIDDLETON
Assistant United States Attorney
Chief, Criminal Division
STEVEN R. WELK
Assistant United States Attorney
Chief, Asset Forfeiture Section
JONATHAN GALATZAN
Assistant United States Attorney
Asset Forfeiture Section
California Bar No. 190414
Federal Courthouse, 14th Floor
312 North Spring Street
Los Angeles, California 90012
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff
United States of America

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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UNITED STATES OF AMERICA,
Plaintiff,

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vs.
$71,019.71 SEIZED FROM J.P.
MORGAN CHASE BANK ACCOUNT
NUMBER XXXXXX6089, ET AL.

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Defendants.
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) NO. CV 14-4313 CAS (FFMx)
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) [PROPOSED] CONSENT JUDGMENT OF
) FORFEITURE
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Plaintiff and Claimants Jose Figueroa and Lucero Adriana
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Lara (“Claimants”) have made a stipulated request for the entry
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of this Consent Judgment, resolving this action in its entirety.

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The defendant assets were seized from Claimants, and they assert

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an interest in the defendant assets and have filed claims in

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this case and have answered the complaint.

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answers were filed, and the time for filing claims and answers

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has expired.

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No other claims or

The Court, having considered the stipulation of the

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parties, and good cause appearing therefor, HEREBY ORDERS

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ADJUDGES AND DECREES:

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1.

The government has given and published notice of this

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action as required by law, including Rule G of the Supplemental

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Rules for Admiralty or Maritime Claims and Asset Forfeiture

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Actions, Federal Rules of Civil Procedure, and the Local Rules

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of this Court.

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contest the forfeiture of the defendant assets.

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were filed, and the time for filing claims and answers has

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expired.

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judgment and the defendant assets.

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the defendant assets other than Claimants are deemed to have

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admitted the allegations of the complaint with respect to the

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defendant assets.

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2.

Claimants have filed claims and answers to
No other claims

This Court has jurisdiction over the parties to this
Any potential claimants to

The following defendant assets shall be returned to

Claimants as follows:

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a.

$55,474.71, without interest; and

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b.

The defendant One 2014 Chevrolet Silverado,

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Vehicle Identification Number 3GCPCSEC7EG263254.
The United States shall return the above-listed assets in
Paragraph 2 not later than 45 days after (a) the court enters
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this Consent Judgment and (b) Claimants provide to the

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government the bank routing and personal identifiers needed to

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effect a wire transfer of any returned funds, whichever is

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later.

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check, the check will be payable to “Paul L. Gabbert Client

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Trust Account,” and mailed to Jose Figueroa and Lucero Adriana

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Lara, in care of their attorney, Paul L. Gabbert, Esq. 2115 Main

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Street, Santa Monica, CA 90405.

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make the payment by wire transfer, the funds will be wire

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If the United States elects to make the payment by

If the United States elects to

transferred to a “Paul L. Gabbert Client Trust Account.”
3.

The following assets shall be forfeited to the United

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States, and no other right, title or interest shall exist

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therein.

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according to law:

The Government shall dispose of the following

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a.

$55,258.46, with interest;

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b.

The defendant One 2006 BMW 650i, Vehicle

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identification Number WBAEK13426CN80165; and
c.

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The defendant 2003 Tracker boat and trailer,

Vehicle Identification Number BUJ35979E303.
4.

Claimants have agreed to release the United States of

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America, its agencies, agents, and officers, including employees

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and agents of the Federal Bureau of Investigation, as well as

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all agents, officers, employees and representatives of any state

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or local government or law enforcement agency involved in the

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investigation or prosecution of this matter, from any and all

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claims, actions or liabilities arising out of or related to the

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seizure and retention of the defendant assets and/or the

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commencement of this civil forfeiture action, including, without
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limitation, any claim for attorneys’ fees, costs or interest

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which may be asserted on behalf of Claimants against the United

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States, whether pursuant to 28 U.S.C. § 2465 or otherwise.

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Claimants have waived any rights they may have to seek remission

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or mitigation of the forfeiture.
5.

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The court finds that there was reasonable cause for the

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seizure of the defendant assets and the institution of this

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action as to the defendant assets.

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certificate of reasonable cause pursuant to 28 U.S.C. § 2465 as

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to the defendant assets.

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//

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This judgment constitutes a

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Each of the parties shall bear its own fees and costs

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in connection with the seizure, retention and return of the

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defendant assets.

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DATED: December 1, 2016

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________________________________________
THE HONORABLE CHRISTINA A. SNYDER
UNITED STATES DISTRICT JUDGE

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Prepared by:

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EILEEN M. DECKER
United States Attorney
LAWRENCE S. MIDDLETON
Assistant United States Attorney
Chief, Criminal Division
STEVEN R. WELK
Assistant United States Attorney
Chief, Asset Forfeiture Section

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/s/ Jonathan Galatzan
JONATHAN GALATZAN

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Assistant United States Attorney
Asset Forfeiture Section

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